Questione giuridica chiave
Whether a building with an existing easement allowing closer construction needs a new or additional easement when additional storeys are added.
Decisione estratta
Yes. For the construction of a higher building, a new or supplementary easement is required for the additional storeys.
Motivazione estratta
Under Art. 7(2) BauG, the boundary distance increases for the whole building for each additional storey measured at the foot of the building. This is intended to prevent pyramid-shaped construction and to stop circumvention of boundary-distance rules.